Tag: Equal Employment Opportunity Commission (EEOC)

Make Sure Your Parental Leave Policy Is Ready for Post-COVID-19 Baby Boom

Early during the COVID-19 pandemic, there was speculation about a baby boom in the coming months because couples were spending virtually all their time at home together, perhaps with too much “downtime.” An immediate boom ended up not occurring, according to a recent study by University of Michigan researchers. But, the slight pause in pregnancy and childbirths […]

Carefully Handling Adverse Action Thwarts Employee’s Retaliation Claim

Retaliation claims are the most frequently alleged basis for violations of Title VII of the Civil Rights Act of 1964 and the most common finding of wrongdoing, according to the Equal Employment Opportunity Commission (EEOC). Often, the underlying discrimination allegations will be dismissed, but a court will determine retaliation occurred.

Thinking of Requiring COVID-19 Shots? What Employers Need to Know

The list of employers and government agencies requiring employees to be vaccinated against COVID-19 is growing, and such requirements are generally legal under federal law. But employers need to be clear about when exceptions must be made and how state laws can add a wrinkle to their vaccination policies.

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HR Pro Caught in Loyalty Dilemma Sues for Retaliation

Under normal circumstances, the HR department represents the interests of the company in dealing with employee complaints, including external inquiries such as Equal Employment Opportunity Commission (EEOC) charges and lawsuits. HR investigates complaints, advises management, tries to resolve the complaints internally, and, if that isn’t successful, responds to external governmental and legal inquiries.

What Is the True Cost of Expanded EEO-1 Reporting?

After several months of uncertainty, we now know that employers will be required to submit Component 2 data (i.e., employee wage and hour data) to the Equal Employment Opportunity Commission (EEOC) by September 30, 2019. Not only that, but they will be required to submit 2017 and 2018 Component 2 data, which means 2 years […]

EEOC Advocacy for Flexible Leave Policies Snares Prison Medical Provider

The Americans with Disabilities Act (ADA) figured prominently in the tributes surrounding the death of former President George H.W. Bush. One poignant story emphasized Bush’s wry humor as well as how the stroke of his pen in signing the Act into law in 1990 made the physical world more accessible for disabled Americans. After he […]

Is There Harm In Asking? Questioning Employees About Their Plans to Retire

Retirement decisions cannot be divorced from a person’s age. When asking questions about retirement, employers should be cognizant of age discrimination laws and the implications of making such inquiries.  Applicable laws Age discrimination is governed by both federal law and the laws in most states. The federal Age Discrimination in Employment Act (ADEA) applies to […]

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DOJ Reverses Course on Title VII Protections for Transgender Persons

  On October 4, 2017, U.S. Attorney General Jeff Sessions issued a memorandum announcing the U.S. Justice Department’s (DOJ) new stance that transgender employees aren’t protected from discrimination under federal law. The announcement reflects a reversal from the Obama administration’s interpretation of the law and runs counter to federal court decisions and other federal agencies’ […]

Language, inclusion, and diversity in the workplace

by Lauren E.M. Russell Employees’ use of a language other than English in the workplace presents many considerations in the employment law context. An individual’s language is tightly tied with race and national origin, which are protected categories under Title VII of the Civil Rights Act of 1964 and many states’ anti-discrimination laws. On the […]